Maharashtra Sugar Mills Ltd: 82 ITR 452 (SC) and Rajasthan State Warehousing Corporation v. CIT

242 ITR 450Supreme Court of India2002#639 most cited

What is Maharashtra Sugar Mills Ltd: 82 ITR 452 (SC) and Rajasthan State Warehousing Corporation v. CIT authority for?

Expenditure incurred by an assessee operating a composite business that generates both taxable and non-taxable income is fully allowable without apportionment. This position led to the subsequent insertion of Section 14A, which disallowed expenditure related to earning exempt income.

154

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2009 to 2025.

Also referred to as

Maharashtra Sugar Mills Ltd · Rajasthan State Warehousing Corporation · Section 14A · expenditure allowance · composite business · taxable income · non-taxable income · apportionment of expenditure · exempt income · disallowance of expenditure

Sections most often in play

Section 14ASection 143(3)Section 8DSection 36(1)(vii)Section 115JBSection 1961Section 37(1)Section 4

Issues it is cited on

strategic investmentsection 144adisallowance under section 14adisallowance u/s 14asection 14asection 115jrevenue expendituresection 115jbnon-residentsection 37previous yearsection 19

Judgments citing Maharashtra Sugar Mills Ltd: 82 ITR 452 (SC) and Rajasthan State Warehousing Corporation v. CIT

Sbi Capital Markets Ltd, Mumbai vs. Asst CIT Ltu, Mumbai

In the result, appeal of the assessee is allowed for statistical purpose

ITA 6490/MUM/2014[2010-11]Status: DisposedITAT Mumbai09 Oct 2019AY 2010-11

Bench: Shri Shamim Yahya & Shri Pawan Singh

For Appellant: Shri Rajnikant Chaniyari (AR)For Respondent: Shri R. Manjunatha Swamy (DR)
Section 115JSection 143(3)Section 14ASection 251Section 254(1)

…tion 14A was enacted by the Parliament in order to overcome the judgments of the Supreme Court in the cases of CIT v. Indian Bank Ltd. AIR 1965 SC 1473, CIT v. Maharashtra Sugar Mills Ltd. [1971] 82 ITR 452 and Rajasthan State Warehousing Corpn. v. CIT [2000] 242 ITR 450/109 Taxman 145, in which it was held that in the case of a composite and indivisible business, which results in earning of taxable and non-taxable income, it is impermissible to apportion the expenditure between what was laid out for the earning of taxable income as opposed to non-taxable income. The effect of section 14A is to widen the theory o…

DCIT (Ltu), New Delhi vs. M/S. Rasandik Engineering Industries India Ltd., New Delhi

In the result, the appeal of the assessee in ITA No

ITA 1526/DEL/2013[2009-10]Status: DisposedITAT Delhi20 Sept 2019AY 2009-10

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble

For Appellant: Shri Sanjay Agarwal, CAFor Respondent: Shri Surender Pal, Sr. DR
Section 14A

…he provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax v. Maharashtra Sugar Mills Limited [1971] 82 ITR 452 and Rajasthan State Ware Housing Corporation v. Commissioner of Income-tax [2002] 242 ITR 450 in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non- taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no deduction shall be allowable in respect of expenditure incurred in relation to the earning of inc…

M/S Rasandik Enginnering Industries India Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 1158/DEL/2013[2009-10]Status: DisposedITAT Delhi20 Sept 2019AY 2009-10

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble

For Appellant: Shri Sanjay Agarwal, CAFor Respondent: Shri Surender Pal, Sr. DR
Section 14A

…he provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax v. Maharashtra Sugar Mills Limited [1971] 82 ITR 452 and Rajasthan State Ware Housing Corporation v. Commissioner of Income-tax [2002] 242 ITR 450 in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non- taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no deduction shall be allowable in respect of expenditure incurred in relation to the earning of inc…

Td Toll Road Private Limited, Mumbai vs. Deputy Commissioner of Income Tax 15(3)(1), Mumbai

ITA 1646/MUM/2018[2014-15]Status: DisposedITAT Mumbai21 Jun 2019AY 2014-15

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1646/Mum/2018 (नििाारण वर्ा / Assessment Year: 2014-15) बिाम/ Td Toll Road Private Ltd., Dcit-15(3)(1) 361, 3Rd Floor, North Wing, Room No. 451, Reliance Centre, Aayakar Bhavan, V. Santacruz (E), M.K Road, Mumbai-400055 Mumbai-400020 स्थायी ऱेखा सं./ Pan: Aacct6395C (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Jitendra Sanghavi Revenue By: Shri. D.G. Pansari (Dr) सुनवाई की तारीख /Date Of Hearing : 25.03.2019 घोषणा की तारीख /Date Of Pronouncement : 21.06.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 1646/Mum/2018, Is Directed Against Appellate Order Dated 31.01.2018, Passed By Learned Commissioner Of Income Tax (Appeals)-24, Mumbai (Hereinafter Called “The Cit(A)”) In Appeal No. Cit(A)-24/Dcit-15(3)(1)/It-244/2016-17, For Assessment Year 2014-15, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 30.12.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2014-15. 2. The Grounds Of Appeal Raised By Assessee In Memo Of Appeal Filed With The Income-Tax Appellate Tribunal, Mumbai (Hereinafter Called “The Tribunal”) Read As Under:-

For Appellant: Shri. Jitendra SanghaviFor Respondent: Shri. D.G. Pansari (DR)
Section 115JSection 143(3)Section 14A

…e ought to be deleted. 8. On the facts and in the circumstances of the case and in law, the Learned CIT(A) erred in confirming the action of the Assessing Officer in not following the decisions of Hon'ble Supreme Court in cases of Rajasthan State Warehousing (242 ITR 450) and Indian Bank Ltd. (56 ITR 77) in which the Hon'ble Supreme Court had held I.T.A. No.1646/Mum/2018 that apportionment of expenditure between exempt income and taxable income arising out of indivisible business cannot be made. The Appellant submits that the expenses allocated by the Assessing Officer towards the exempt income is contrary to th…

The Dy. CIT, Circle-1(1)(2), Ahmedabad vs. M/S. Chiripal Industries Ltd., Ahmedabad

ITA 2743/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad06 Jun 2019AY 2013-14

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

For Appellant: Ms. Aparna Agarwal, CIT-D.RFor Respondent: Shri Gaurav Nahata, A.R
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 14ASection 36(1)(iii)Section 80I

…rheads like stationery, telephone, computer, office equipments, vehicles etc. every year, a part of which can be attributed to the investment port folio. This view finds support from the following case laws. (1) Rajasthan State Warehousing Corp. Ltd V/s. CIT (242 ITR 450) (Raj.) (2) Maruti Udyog Ltd. Vs. Dep. Comm. (Delhi) 92 TTJ 987 (3) Wipro Information Technology Vs. Dep. GIT (Bang) 88 TTJ 378 (4) Dep. Comm. of I. Tax vs. Shree Synthetics Ltd. (Indore) 88 TTJ 717. (5) Harish K Bhatt vs. ITO 85 TTJ 872 v. It is also to benoted that the matter has been extensively covered and decided in favour of the Revenue in…

Meena Zarda Products Pvt. Ltd., Bhubaneswar vs. ITO, Ward-1(1), Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 343/CTK/2018[2015-16]Status: DisposedITAT Cuttack06 Feb 2019AY 2015-16

Bench: Shri Chandra Mohan Gargआयकर अपील सं./Ita No.343/Ctk/2018 ("नधा"रण वष" / Assessment Year :2015-2016) Meena Zarda Products (P) Ltd. Vs. Ito, Ward-1(1), S-3/85, Mancheswar Industrial Bhubaneswar Estate, Bhubaneswar-751010 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecm 3120 G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri G. Naik, Advocate & Shri Rajat Kar, Advocate राज"व क" ओर से /Revenue By : Shri Subhendu Dutta सुनवाई क" तार"ख / Date Of Hearing : 04/02/2019 घोषणा क" तार"ख/Date Of Pronouncement 06/02/2019 आदेश / O R D E R This Appeal Has Been Filed By The Assessee Against The Order Of Cit(A)-1, Dated 04.06.2018 Passed In First Appeal No.0087/17-18 For The Assessment Year 2015-2016. 2. The Sole Ground Raised By The Assessee Reads As Follows :- “2. For That Learned Cit(A) Erred In Law As Well As Fact In Confirming The Disallowance Of Rs.4,53,064/- U/S.14A Of The I.T.Act, 1961 Without Considering The Submissions Of The Appellant From Its Proper Prospective On The Facts & In The Circumstances Of The Case.” 3. Ld. Ar Submitted That In The Similar Set Of Facts & Circumstances For A.Y.2014-2015, The Ao Made Addition, Which Was Confirmed By The Ld. Cit(A) But The This Bench Of The Itat In Ita No.45/Ctk/2018, Order Dated 02.08.2018, Allowed The Appeal Of The Assessee & Directed The Ao To Delete The Entire Amount Of Impugned Addition Made U/S.14A Of The Act By 2 Following The Decision Of Hon’Ble Madras High Court In The Case Of Cit Vs.

For Appellant: Shri G. Naik, AdvocateFor Respondent: Shri Subhendu Dutta
Section 14Section 14A

…e provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax v. Maharashtra Sugar Mills Limited [1971] 82 ITR 452 and Rajasthan State Ware Housing Corporation v. Commissioner of Income- tax [2002] 242 ITR 450 in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non- taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no deduction shall be allowable in respect of expenditure incurred in relation to the earning of inc…

DCIT 8(3)(1), Mumbai vs. Tata Teleservices (Mah) Ltd, Navi Mumbai

In the result, appeal of the revenue is dismissed

ITA 2519/MUM/2015[2009-10]Status: DisposedITAT Mumbai30 Jan 2019AY 2009-10

Bench: Shri G. S. Pannu, Vice- & Shri Pawan Singhdcit-8(3)(1) M/S Tata Teleservices (Mah) Room No. 615, 6Th Floor, Ltd., D-26, Ttc Indl Area Aayakar Bhavan, M.K. Road, Midc, Sanpada, P.O. Turbhe, Mumbai-20. Navi Mumbai-400703. Vs. Pan: Aaach1458C Appellant Respondent Appellant By : Shri R. Manjunatha Swamy (Cit-Dr) Respondent By : Shri Hiten Chande (Ar) Date Of Hearing : 21.01.2019 Date Of Pronouncement : 30.01.2019 Order Under Section 254(1)Of Income Tax Act

For Appellant: Shri R. Manjunatha SwamyFor Respondent: Shri Hiten Chande (AR)
Section 14ASection 194HSection 201(1)Section 254(1)Section 40

…The provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income-tax v. Maharashtra Sugar Mills Limited [1971] 82 ITR 452 and Rajasthan State Warehousing Corporation v. Commissioner of Income-tax [2002] 242 ITR 450/109 Taxman 145 (SC) in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment. It was thus that section 14A was inserted providing that no deduction shall be allowable in respect of expenditure incurred in relat…

Welspun Investments & Commercials Pvt. Ltd., Mumbai vs. ITO - 8(3)(4), Mumbai

In the result, appeal filed by the assessee for assessment year 2013-14 is dismissed

ITA 2782/MUM/2018[2013-14]Status: DisposedITAT Mumbai28 Jan 2019AY 2013-14

Bench: Shri Shamim Yahya (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2013-14 M/S Welspun Investments & The Income Tax Officer-8(3)(4), Commercial Pvt. Ltd., R. No. 616, 6Th Floor, 9Th Floor, “B” Wing, Trade World Aayakar Bhavan, Premises, Kamala Mills Compound, Vs. Mumbai - 400020 Senapati Bapat Marg, Lower Parel, Mumbai - 400013 Pan: Aaacw8345B (Appellant) (Respondent)

For Appellant: Shri Mitesh N. Shah (AR)For Respondent: Shri C.S. Anjaria (DR)
Section 10(34)Section 143Section 14ASection 234B

…ection 14A was enacted by the Parliament in order to overcome the judgments of the Supreme Court in the case of CIT vs. Indian Bank Ltd .AIR 1965 SC 1473, CIT v Maharashtra Sugar Mills Ltd [1971] 82 ITR 452 and Rajasthan State Warehousing Corpn. v. CIT [2000] 242 ITR 450/109 Taxman 145, in which it was held that in the case of a composite and indivisible business, which results in earning of taxable and non-taxable income, it is impermissible to apportion the expenditure between what was laid out for the earning of taxable income as opposed to non- taxable income. The effect of section 14A is to wider the theory…

ACIT, C-6, Ludhiana vs. Majestic Hotels Ltd., Ludhiana

The appeal of the Revenue is dismissed

ITA 171/CHANDI/2018[2012-13]Status: DisposedITAT Chandigarh26 Nov 2018AY 2012-13
For Appellant: Shri Jagdeep Goel, CIT DRFor Respondent: Shri R.S. Khera, CA
Section 14ASection 250

…आयकर अपील"य अ"धकरण,च"डीगढ़ "यायपीठ “बी” , च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH ‘B’, CHANDIGARH "ी संजय गग", "याय"क सद"य एवं "ीमती अ"नपणा" ग"ता , लेखा सद"य BEFORE: SHRI SANJAY GARG, JM & SMT.ANNAPURNA GUPTA, AM आयकर अपील सं./ ITA No.171/Chd/2018 "नधा"रण वष" / Assessment Year : 2012-13 The A.C.I.T., M/s Majestic Hotels Ltd., बनाम Circlel-6, Ferozepur Road, Ludhiana. Ludhiana. "थायी लेखा सं./PAN NO: AAACM9066F अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee by : Shri Jagdeep Goel, CIT DR राज"व क" ओर से/ Revenue by : Shri R.S. Khera, CA सनवाई क" तार"ख /Date of Hearing : 28.08.…

ACIT, Circle, Panchkula vs. M/S Janak Global Resources Pvt. Ltd., Panchkula

In the result, the appeal of the Revenue is dismissed

ITA 470/CHANDI/2018[2014-15]Status: DisposedITAT Chandigarh16 Oct 2018AY 2014-15
For Appellant: Shri Manoj KumarFor Respondent: Shri Parikshit Aggarwal, CA
Section 36Section 36(1)(iii)

…ovisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax Vs. Maharashtra Sugar Mills Limited (1971) (82 ITR 452) and Rajasthan State Ware Housing Corporation Vs. Commissioner of Income Tax ((2002) 242 ITR 450) in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no deduction shall be allowable in respect of expenditure incurred in relation to the earning of inc…

Asst CIT Cir 6(1)(2), Mumbai vs. Ask Investment Managers P.Ltd, Mumbai

The appeal of the Revenue is allowed for statistical

ITA 534/MUM/2017[2012-13]Status: DisposedITAT Mumbai09 Oct 2018AY 2012-13

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year 2012-13 Acit M/S Ask Investment Circle-6(1)(2), Managers Pvt. Ltd. बनाम/ R. No.536, 5Th Floor, 1St Floor Bandbox House, Vs. Aayakar Bhavan, Dr. Ab Road, Worli, M. K. Road, Churchgate, Mumbai-400030 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aafca2302P Shri Nitin Waghmode-Dr राज"व क" ओर से / Revenue By "नधा"रती क" ओर से / Assessee By Shri J.D. Mistri Sr. Advocate

Section 115JSection 14A

…” 5.1. Ld. Principal CIT(DR) pointed out that in pursuance of this amendment, Circular no. 14 was issued. He pointed out that this amendment was a fall out of the decision of Hon’ble Supreme Court in the case of Rajasthan State Warehousing Corporation Vs. CIT 242 ITR 450, rendered on 23-2-2000 and other judgments laying down the same ratio decidendi, as under: “The following principles may be laid down: (i) if the income of an assessee is derived from various heads of income, he is entitled to claim deduction permissible under the respective head, whether or not computation under each head results in taxable inco…

Sbi Capital Markets Ltd, Mumbai vs. DCIT Ltu-1, Mumbai

The appeal stand allowed for statistical purposes

ITA 2098/MUM/2017[2012-13]Status: DisposedITAT Mumbai07 Sept 2018AY 2012-13

Bench: Shri Joginder Singh, Jm & Shri Manoj Kumar Aggarwal, Am

For Appellant: Rajnikant Chaniyari, Ld. ARFor Respondent: V.K.Chaturvedi, Ld. Sr. DR
Section 115JSection 143(3)Section 14A

…tion 14A was enacted by the Parliament in order to overcome the judgments of the Supreme Court in the cases of CIT v. Indian Bank Ltd. AIR 1965 SC 1473, CIT v. Maharashtra Sugar Mills Ltd. [1971] 82 ITR 452 and Rajasthan State Warehousing Corpn. v. CIT [2000] 242 ITR 450/109 Taxman 145, in which it was held that in the case of a composite and indivisible business, which results in earning of taxable and non-taxable income, it is impermissible to apportion the expenditure between what was laid out for the earning of taxable income as opposed to non-taxable income. The effect of section 14A is to widen the theory o…

ACIT 9(3)(2), Mumbai vs. Gini & Jony Ltd, Mumbai

In the result , appeal of the Revenue in ITA no

ITA 1892/MUM/2017[2009-10]Status: DisposedITAT Mumbai21 Aug 2018AY 2009-10

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1892 & 1893/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10 & 2012-13) बिाम/ Acit 9(3)(2) M/S. Gini & Jony Ltd. 418, 4Th Floor, A-601, Citi Point, Aayakar Bhavan, Andheri Kurla Road, V. Mumbai-400020 Andheri (E), Mumbai-400059, स्थायी ऱेखा सं./ Pan : Aaacg1295N (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri. Gaurav KabraFor Respondent: Shri A.M. Mittal, CIT-DR
Section 143(3)Section 147Section 14ASection 37

…he provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax v. Maharashtra Sugar Mills Limited [1971] 82 ITR 452 and Rajasthan State Ware Housing Corporation v. Commissioner of Income-tax [2002] 242 ITR 450 in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no deduction shall be allowable in respect of expenditure incurred in relation to the earning of inco…

DCIT 10(2)(2), Mumbai vs. Mirc Electronics Private Ltd, Mumbai

In the result, the appeal Revenue is dismissed

ITA 3845/MUM/2018[2013-14]Status: DisposedITAT Mumbai10 Aug 2018AY 2013-14

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3845 & 3846/Mum/2018 (नििाारण वर्ा / Assessment Year : 2013-14 & 2014-15) बिाम/ Dcit-10(2)(2) Mirc Electronics Room No. 216-A, 2Nd Floor Limited, G-1, Aayakar Bhavan, M K Road Onida House, V. Mumbai-400020 Mahakali Caves Road, Midc, Mumbai-400093 स्थायी ऱेखा सं./ Pan : Aaacm8055A (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri. Satish Chandra Rajore Assessee By : Shri Dharmendra Singh सुनवाई की तारीख /Date Of Hearing : 10.08.2018 घोषणा की तारीख /Date Of Pronouncement : 10.08.2018 आदेश / O R D E R Per Bench: These Two Appeals, Filed By Revenue, Being Ita No. 3845 & 3846/Mum/2018 For Assessment Year 2013-14 & 2014-15 Respectively , Are Directed Against Separate Appellate Order(S) Both Dated 27.03.2018 Passed By Learned Commissioner Of Income Tax (Appeals)-17, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2013-14 & 2014-15 Respectively , The Appellate Proceedings Had Arisen Before Learned Cit(A) From Separate Assessment Order(S) Dated 28.03.2016 & 29.12.2016 Respectively Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act

For Appellant: Shri Dharmendra SinghFor Respondent: Shri. Satish Chandra Rajore
Section 10(34)Section 143(3)Section 14A

…he provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax v. Maharashtra Sugar Mills Limited [1971] 82 ITR 452 and Rajasthan State Ware Housing Corporation v. Commissioner of Income-tax [2002] 242 ITR 450 in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no deduction shall be allowable in respect of expenditure incurred in relation to the earning of inco…

DCIT Cir. 2(2)(1), Mumbai vs. L & T Power Development Ltd., Mumbai

In the result, the appeal of the revenue stand dismissed

ITA 874/MUM/2017[2013-14]Status: DisposedITAT Mumbai10 Aug 2018AY 2013-14

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.874/Mum/2017 (नििाारण वर्ा / Assessment Year : 2013-14) Dcit Cit 2(2)(1) बिाम/ L&T Power Development Room No. 545, 5 Th Floor, Ltd., Aayakar Bhavan, L&T House, N.M. Road, V. M.K Road, Ballard Estate, Mumbai-400020 Mumbai-400038 स्थायी ऱेखा सं./ Pan : Aabcl3867C (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri. Nishant Samaiya, Dr Assessee By : Shri Govind Jhaveri सुनवाई की तारीख /Date Of Hearing : 09.08.2018 घोषणा की तारीख /Date Of Pronouncement : 09.08.2018 आदेश / O R D E R Per Ramit Kocharthis Appeal, Filed By The Revenue, Being Ita No. 874/Mum/2017, Is Directed Against Appellate Order Dated 09.11.2016 Passed By Learned Commissioner Of Income Tax (Appeals)-5, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2013-14, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 30.11.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2013-14. I.T.A. No.874/Mum/2017

For Appellant: Shri Govind JhaveriFor Respondent: Shri. Nishant Samaiya, DR
Section 143(3)Section 14A

…he provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax v. Maharashtra Sugar Mills Limited [1971] 82 ITR 452 and Rajasthan State Ware Housing Corporation v. Commissioner of Income-tax [2002] 242 ITR 450 in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no deduction shall be allowable in respect of expenditure incurred in relation to the earning of inco…

The DCIT, Circle-3(2), Ahmedabad vs. Shri Harjivanbhai Chaganbhai Patel, Ahmedabad

In the result, appeal of the Revenue is dismissed

ITA 2460/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad26 Apr 2018AY 2012-13

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./ Ita No. 2384/Ahd/2016 Assessment Year : 2012-13 Harjivanbhai C. Patel, Deputy Commissioner Of C/O. Mehta Lodha & Co., Vs Income-Tax, Chartered Accountants, Circle 3(2), 105, Sakar-I, Ashram Road, Ahmedabad Ahmedabad-380009 Pan : Abupp 1238 N आयकर अपील सं./ Ita No. 2460/Ahd/2016 Assessment Year : 2012-13 Deputy Commissioner Of Harjivanbhai C. Patel, C/O. Mehta Lodha & Co., Income-Tax, Vs Chartered Accountants, Circle 3(2), 105, Sakar-I, Ashram Road, Ahmedabad Ahmedabad-380009 Pan : Abupp 1238 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Pd. Shah, Ar Revenue By : Shri Rajdeep Singh, Sr Dr सुनवाई क" तार"ख/Date Of Hearing : 03/04/2018 घोषणा क" तार"ख /Date Of Pronouncement: 27/04/2018 आदेश/O R D E R Per Pradip Kumar Kedia, Am: The Captioned Cross Appeals Have Been Filed At The Instance Of The Revenue & The Assessee Against The Order Of The Cit(A)-3, Ahmedabad Dated 21St July, 2016 Arising In The Assessment Order Dated 27.02.2015 Passed By The Assessing Officer Under Section 143(3) Of The Income-Tax

For Appellant: Shri PD. Shah, ARFor Respondent: Shri Rajdeep Singh, Sr DR
Section 131Section 143(3)

…suspicion the claim of assessee should not be denied." The plethora of evidences on record cannot be ignored. The genuine expenditures is allowable as per guidelines laid down by Hon'ble Supreme Court in the case of Rajasthan State Warehousing Corpn. Vs. CIT 242 ITR 450 (SC). Affidavits of the vendors have remained uncontroverted. The same were not disproved or found to be false. If that be so Hon'ble Gujarat High Court in the case of Glass Line Equipment 253 ITR 454 has held that when affidavit were not controverted, they have to be taken as accepted. The improvement expenditure (mati puran and Compound Wall)…

Shri Harjivanbhai C. Patel, Ahmedabad vs. The Dy. Commissioner of Income Tax, Circle-3(2), Ahmedabad

In the result, appeal of the Revenue is dismissed

ITA 2384/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad26 Apr 2018AY 2012-13

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./ Ita No. 2384/Ahd/2016 Assessment Year : 2012-13 Harjivanbhai C. Patel, Deputy Commissioner Of C/O. Mehta Lodha & Co., Vs Income-Tax, Chartered Accountants, Circle 3(2), 105, Sakar-I, Ashram Road, Ahmedabad Ahmedabad-380009 Pan : Abupp 1238 N आयकर अपील सं./ Ita No. 2460/Ahd/2016 Assessment Year : 2012-13 Deputy Commissioner Of Harjivanbhai C. Patel, C/O. Mehta Lodha & Co., Income-Tax, Vs Chartered Accountants, Circle 3(2), 105, Sakar-I, Ashram Road, Ahmedabad Ahmedabad-380009 Pan : Abupp 1238 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Pd. Shah, Ar Revenue By : Shri Rajdeep Singh, Sr Dr सुनवाई क" तार"ख/Date Of Hearing : 03/04/2018 घोषणा क" तार"ख /Date Of Pronouncement: 27/04/2018 आदेश/O R D E R Per Pradip Kumar Kedia, Am: The Captioned Cross Appeals Have Been Filed At The Instance Of The Revenue & The Assessee Against The Order Of The Cit(A)-3, Ahmedabad Dated 21St July, 2016 Arising In The Assessment Order Dated 27.02.2015 Passed By The Assessing Officer Under Section 143(3) Of The Income-Tax

For Appellant: Shri PD. Shah, ARFor Respondent: Shri Rajdeep Singh, Sr DR
Section 131Section 143(3)

…suspicion the claim of assessee should not be denied." The plethora of evidences on record cannot be ignored. The genuine expenditures is allowable as per guidelines laid down by Hon'ble Supreme Court in the case of Rajasthan State Warehousing Corpn. Vs. CIT 242 ITR 450 (SC). Affidavits of the vendors have remained uncontroverted. The same were not disproved or found to be false. If that be so Hon'ble Gujarat High Court in the case of Glass Line Equipment 253 ITR 454 has held that when affidavit were not controverted, they have to be taken as accepted. The improvement expenditure (mati puran and Compound Wall)…

Welspun Energy P.Ltd, Mumbai vs. DCIT 8(3)(2), Mumbai

In the result, the appeal is partly allowed

ITA 7012/MUM/2016[2012-13]Status: DisposedITAT Mumbai18 Apr 2018AY 2012-13

Bench: Shri Joginder Singh () & Shri N.K. Pradhan () Assessment Year: 2012-13 M/S Welspun Energy Pvt. Dy. Commissioner Of Ltd. Income Tax-8(3)(2), Vs. 7Th Floor, Welspun House, Room No. 615, 6Th Kamala City, Senapati Bapat Floor, Aayakar Bhavan Marg, Lower Parel, Maharshi Karve Road, Mumbai-400013. Mumbai-400020. Pan No. Aaacw6515B Appellant Respondent Assessee By : Mr. Mitesh Shah, Ar Revenue By : Ms. Arju Garodia, Dr Date Of Hearing : 21/03/2018 Date Of Pronouncement : 18/04/2018

For Appellant: Mr. Mitesh Shah, ARFor Respondent: Ms. Arju Garodia, DR
Section 10(34)Section 143Section 14A

…tion 14A was enacted by the Parliament in order to overcome the judgments of the Supreme Court in the cases of CIT v. Indian Bank Ltd. AIR 1965 SC 1473, CIT v. Maharashtra Sugar Mills Ltd. [1971] 82 ITR 452 and Rajasthan State Warehousing Corpn. v. CIT [2000] 242 ITR 450/109 Taxman M/s Welspun Energy 5 145, in which it was held that in the case of a composite and indivisible business, which results in earning of taxable and non-taxable income, it is impermissible to apportion the expenditure between what was laid out for the earning of taxable income as opposed to non-taxable income. The effect of section 14A is…

Icici Securities Ltd, Mumbai vs. DCIT RG 4(1), Mumbai

In the result, the appeal for the AY 2010-11 is partly allowed

ITA 4269/MUM/2013[2009-10]Status: DisposedITAT Mumbai19 Mar 2018AY 2009-10

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2009-10 & Assessment Year: 2010-11 Icici Securities Ltd. Dy. Commissioner Of Icici Centre, H.T. Parekh Income Tax Range Vs. Marg, Churchgate, 4(1), Mumbai-400020. Mumbai. Pan No. Aaaci0996E (Appellant) (Respondent) Assessee By : Mr. Yogesh A. Thar, Ar Revenue By : Mr. M.C. Omi Ningshen, Dr

For Appellant: Mr. Yogesh A. Thar, ARFor Respondent: Mr. M.C. Omi Ningshen, DR
Section 143(3)Section 40Section 40a

…tion 14A was enacted by the Parliament in order to overcome the judgments of the Supreme Court in the cases of CIT v. Indian Bank Ltd. AIR 1965 SC 1473, CIT v. Maharashtra Sugar Mills Ltd. [1971] 82 ITR 452 and Rajasthan State Warehousing Corpn. v. CIT [2000] 242 ITR 450/109 Taxman 145, in which it was held that in the case of a composite and indivisible business, which results in earning of taxable and non-taxable income, it is impermissible to apportion the expenditure between what was laid out for the earning of taxable income as opposed to non-taxable income. The effect of section 14A is to widen the theory o…

Tata Investment Corporation Ltd, Mumbai vs. Asst CIT 2(3), Mumbai

In the result, the appeal is partly allowed

ITA 1509/MUM/2015[2011-12]Status: DisposedITAT Mumbai09 Feb 2018AY 2011-12

Bench: Shri D.T. Garasia () & Shri N.K. Pradhan () Assessment Year: 2011-12 Tata Investment Corporation Acit-2(3) Ltd. Room No. 552, 5Th Floor, Vs. Elphistone Building, 2Nd Floor, Aayakar Bhavan, M.K. 10, Veer Nariman Road, Road Mumbai-400001 Mumbai-400020 Pan No. Aaact4120F Appellant Respondent Assessee By : Mr. M.M. Golvala, Ar Revenue By : Mr. V. Justin, Dr Date Of Hearing : 14/11/2017 Date Of Pronouncement : 09/02/2018

For Appellant: Mr. M.M. Golvala, ARFor Respondent: Mr. V. Justin, DR
Section 10(34)Section 10(38)Section 115JSection 143(3)Section 14A

…tion 14A was enacted by the Parliament in order to overcome the judgments of the Supreme Court in the cases of CIT v. Indian Bank Ltd. AIR 1965 SC 1473, CIT v. Maharashtra Sugar Mills Ltd. [1971] 82 ITR 452 and Rajasthan State Warehousing Corpn. v. CIT [2000] 242 ITR 450/109 Taxman 145, in which it was held that in the case of a composite and indivisible business, which results in earning of taxable and non-taxable income, it is impermissible to apportion the expenditure between what was laid out for the earning of taxable income as opposed to non-taxable income. The effect of section 14A is to widen the theory o…